Now we find that they gave us false socials, birthdates, etc.
Our dispossessary case will be heard on the 14th. Can we ask the judge for a copy of their socials, and drivers license so we can sue them for the over $4,000 they owe us in rent and damage?
2006-08-05 02:21:58 · 13 answers · asked by Rada S 5 in Business & Finance ➔ Renting & Real Estate
I just went through a small claims matter as a defendant and won! I never had to provide my social security or anything else. So absolutely, you can sue them in small claims court and if they don't show (as deadbeats usually don't), you can at least get a judgement and ruin their credit. Credit bureaus can attach judgements with just a name and an address. As far as the eviction process, I don't know if a judge will award you the rent payment at the same time as the eviction. Fortunately, I've never been through that. But I don't see why not. If they are being evicted for non-payment of rent, you should also be able to request a judgement for the back rent they owe. Call the clerk magistrate at the court and if you haven't already done so, perhaps you can ammend your complaint form to include the back payment of rent. Best of luck to you! Once you get these losers out of your house, you can get your life back!!
2006-08-05 03:57:15 · answer #1 · answered by Go-Girl 2 · 2⤊ 0⤋
Sharon is correct.
I'd also add that it's almost a certainty that they will fail to show for the court case; dead-beats tend to do that. You'll get a default judgement for the eviction and they'll be tossed out a few days later assuming that they don't do a "midnight move" before the sheriff arrives.
You certainly do have a case for recovering your losses, but people like that tend to disappear into the night and it may be nearly impossible to locate them once they fly the coop. This will make it difficult to nearly impossible to have them served for any recovery action. Summons by publication would likely be your only option and that's going to take time and money. Eventually you'd get a default judgement on that as well, but locating them to try and collect will probably be futile.
Only you can decide if pursuing this is going to be worth the expense and effort.
2006-08-05 03:56:11 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
The Judge will rule ONLY on the Landlord/Tenant matter and nothing else. You are sadly mistaken if you think otherwise.
You do not need their social security number and birthdate in order to sue in small claims for the rent owed.
After you win in small claims (assuming you will), you can serve them with an "informational subpoena" which will require them to provide you with their personal information (employer, salary, checking and savings account information) so that you may have their wages garnished, etc.
Complying with an informational subpoena is not voluntary. Either they comply, or a warrant is issued for their arrest.
Why did you wait so long to file for non-payment?
2006-08-05 02:54:45 · answer #3 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
Hello.
Sorry to hear about the dead beat renter's you have.
I would get a lawyer to help you out with this problem,please.
That is not saying your going to get any money out of them,but atleast it will go on file for any one else to see so it does'nt happen again.
It will be very hard for them to find other place to live,ha ha to them I say.
My sister had the same problem yr's ago and they did what I just told you to do.
Haveing a place to rent out can be nice and hell at the same time,you never know who your going to get,huh.
If they have a job,you could stand a chance on getting some of the money back,if they don't have a job,good luck on that then.
Your lawyer can get there socialy and there driver's for you.
I don't think the judge will do that,not sure about that.
Good luck.Take care.
Sharon.
2006-08-05 04:11:07 · answer #4 · answered by sharon t 2 · 0⤊ 0⤋
Dead beat tenants are a terrible pain, my mother rented out my late grandmothers house to a friend of a friend and it was the most awful experience. Just make sure you always follow the law so they don't have an excuse to get free time off of you.
2006-08-05 02:27:13 · answer #5 · answered by Samuel B 3 · 0⤊ 0⤋
If they used false socials and the like, you can get them for ID theft. Call the police.
You can sue all you want, but they are DEAD BEATS. It's just one more bill they won't have paid on their credit record. or rather, whose ever credit they stole.
2006-08-05 02:25:52 · answer #6 · answered by Manny 6 · 0⤊ 0⤋
I would ask the judge for anything you deem reasonable to protect your interests, if the judge is reasonable he'll grant you what you need given that the law should protect the innocent from deception and con's. Good luck
2006-08-05 02:27:43 · answer #7 · answered by southforty1961 3 · 0⤊ 0⤋
Wow, I am sorry to hear of that. I am not sure of your legal recourse of action, however, I would definitely involve an attorney because there is more to this case then you not getting your rent - there is fraud involved.
2006-08-05 02:25:50 · answer #8 · answered by 'Barn 6 · 0⤊ 0⤋
you can go online to get their drivers license info it is pulic record. you can sue them but good luck getting them do actually pay you.
2006-08-05 02:26:53 · answer #9 · answered by mojomuppet 4 · 0⤊ 0⤋
well youre gonna need an attorney for sure i feel for you i hate when people do things like that they ruin it for the rest of us who are responsable good luck youre gonna need it
2006-08-05 03:45:50 · answer #10 · answered by angelina_mcardle 5 · 0⤊ 0⤋